The Constitution 'Dear Mr. President a few questions -'

Friday

This series is written by a private citizen with an abiding interest in U.S. history and particularly its founding documents: The Declaration of Independence and The Constitution.

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According to the Constitution, the President, “Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: ‘I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States’.” Art. II, Sec. 1 ¶8.

Just before that, Art II, Sec. 1 ¶5 reads: “No person except a natural born Citizen, or a Citizen of the United States at the time of the Adoption of this Constitution … shall be eligible to the Office of President …”

Our questions relate only to those sections of the Constitution that are specifically concerned with the Executive, his (her) power and the fulfillment of the responsibilities stated in that defining document.

Before examining the questions, let us note that the concept of “omission” is not acceptable in the reading. That is to say, that if whatever is contemplated is not specifically forbidden by the Constitution, it is possible to do it. Nothing could be further from the truth or such an interpretation would negate the very substance of the document and it might as well be discarded since it would permit anything the Congress, the President or the Judiciary decided to do.

That is not consistent with either the words or the intent of the Founders. The Federalist Papers repeatedly express and amplify the concept of a “limited government.” The Founders felt it was critical to the future success of the government that it be severely and strictly limited to a certain number of functions.

Now, Mr. President, to our questions.

Though not in the order of the Articles above, let’s first examine one that refuses to go away. Where is the bona fide birth certificate of “a natural born citizen”? The documentation which has been presented fails the normal details of a valid birth certificate. We do not understand the problem and no amount of rhetoric will suffice. The question is simple and so is the appropriate answer. Either there is such a certificate or there is not. Isn’t the American public entitled to know that their elected official is in compliance with the governing document?

Turning to another area, “to preserve, protect and defend the Constitution …,” may we ask wherein do you find the authority to interfere with the normal business processes of the country? Firing the CEO of a major company or forcing him to resign is dictatorial, not presidential. The Commerce Clause of the Constitution does not grant such authority and we are at a loss to identify the Article that could possibly contain such authorization.

Ordering the Treasury of the United States to take taxpayer money and “loan” or exchange it for stock in a company or financial institution is beyond the scope of defined powers of either the department or the Presidency.

And finally, our third area, “… that the laws be faithfully executed.” There are existing laws with respect to Immigration and Naturalization for anyone wishing to enter the US and/or become a citizen. Much political dialog has been initiated attempting to circumvent such laws. Isn’t it your responsibility to see that they are “faithfully executed” - at least until they are changed?

We would also question “empathy” as the basis for judicial appointment. Isn’t the requirement for a judge to evaluate each case vis-à-vis the Constitution, not interpret the Constitution based on his or her own beliefs, desires or prejudices?

That’s my view. What’s yours? I can be reached at 1778@comcast.net.

Ó Copyright 2009, Hillard W. Welch

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